PAPER B
Purpose: For
Decision
Committee: LICENSING
PANEL
Date: 13
JULY 2004
Title: APPLICATION
FOR THE GRANT OF AN OCCASIONAL PUBLIC ENTERTAINMENT LICENCE FOR TRINITY
THEATRE, THE GROVE, COWES.
REPORT
OF THE HEAD OF CONSUMER PROTECTION
PURPOSE/REASON
1. To consider an application for the
grant of an occasional Public Entertainment Licence for Trinity Theatre, The
Grove, Cowes.
DETAILS OF THE APPLICATION
2. An application has been
received from Mr Simon Boris Adamczewski for the grant of an occasional Public
Entertainment Licence in respect of Trinity Theatre, The Grove, Cowes.
3. Times requested by the applicant are
set out below:
Thursday 5
August 2004 to Saturday 14 August 2004: 1600 hours – 0200 hours the following
morning.
4. The applicant has provided details of
the type of entertainment he intends to provide each day, along with details of
each of the entertainers, and this is attached at Appendix 1.
5. Should
the application for a Public Entertainment Licence be successful the applicants
will apply to the Magistrates’ Court for a Special Hours Certificate, which
would allow them to serve alcohol for the same hours as the Public
Entertainment Licence.
LOCATION
AND SITE CHARACTERISTICS
6. The Grove is in a part commercial-part
residential area overlooking Bath Road in Cowes.
7. There is one other premise in Cowes
which has a Public Entertainment Licence to offer late night entertainment
until 0200 hrs during Cowes Week.
RELEVANT
HISTORY
FORMAL CONSULTATION
12. The Hampshire
Constabulary have confirmed that they have no objection to this application.
13. The Isle of
Wight Fire and Rescue have been advised of the application and no comments have
been received.
14. The Council’s Environmental Protection
Section have commented on the application and a copy of their comments is
attached at Appendix 2.
15. The Council’s Building Control Section
have confirmed that they have no objection to this application.
16. The local Councillor has been advised of
the application and no comments have been received.
17. Cowes Town Council has been advised of
the application and has confirmed that they will object to the
application. A copy of their comments
is attached at Appendix 3.
THIRD PARTY REPRESENTATIONS
18. The
application has been advertised in the Isle of Wight County Press and no
letters of objection have been received.
19. The objector
has been informed of the time, date and location of the meeting, should they
wish to attend.
FINANCIAL
IMPLICATIONS
20.
Broadly, Council
expenditure on Licensing matters, and in particular those that are administered
and enforced through Consumer Protection, balances income received from licence
fees.
LEGAL IMPLICATIONS
21. Legislation governing Public Entertainment Licensing is set
out below:
Local Government (Miscellaneous Provisions) Act 1982
Schedule
1 – Licensing of public entertainments
a) Paragraphs 1 (1)(2)(3): An
entertainments licence is required for any public dancing or music or any other
public entertainment of a like kind, unless it is music performed in a place of
religious worship or as an incident of a religious meeting or service.
b) Paragraph 1 (4): The appropriate authority may grant to any
applicant, and from time to time renew, a licence for the use of any place
specified in it on such terms and conditions and subject to such restrictions
as may be so specified.
c) Paragraph
6 (3): An applicant for the grant,
renewal or transfer of an entertainments licence shall furnish such particulars
and give such other notices as the appropriate authority may by regulation
prescribe.
There is no express provision in the Act
for the making of objections by other third parties. It will commonly be found, however, that local authorities have
used the power given to them by this paragraph to require applicants to give
public notice of their applications.
This Council therefore advertised
applications in the Official Notices section of the local paper inviting
comments from local residents who may consider that they would be unreasonably
affected. In addition, the Council’s
Environmental Protection Section is consulted to assess the structural acoustic
suitability of the premises having regard to any noise sensitive accommodation
in the nearby vicinity that may be affected by the provision of the
entertainment, and the local Councillor and Town or Parish Council are
consulted.
d) Paragraph 6
(4): In considering any application for
the grant, renewal or transfer of an entertainments licence, the appropriate authority
shall have regard to any observations submitted to them by the chief officer of
police and by the fire authority.
The
police and fire authority must be given notice of an application
(sub-paragraphs (1) and (2)) and the local authority is required to have regard
to any observations submitted by them.
22. Members are
aware that local opposition or support (in whatever form) for a proposal is not
in itself grounds for refusing or granting a licensing permission, unless that
opposition or support is based upon valid reasons and concerns which can be sustained.
23. Each
application should be considered individually so as to comply with the rules of
Natural Justice.
IMPLICATIONS
UNDER THE CRIME AND DISORDER
24. Without
prejudice to any other obligation imposed on it, it shall be the duty of each
authority to which this section applies to exercise its various functions with
due regard to the likely effect of the exercise of those functions on, and the
need to do all that it reasonably can to prevent, crime and disorder in its
area.
IMPLICATIONS
UNDER THE HUMAN RIGHTS ACT
25. Members are
advised that this application must be considered against a background of the
implications of the Human Rights Act 1998.
There
are three convention rights which need to be considered in this context:-
a) Article 6 - Right to a fair trial
In the determination
of his civil rights and obligations or of any criminal charge against him,
everyone is entitled to a fair and public hearing within a reasonable time by
an independent and impartial tribunal established by law.
It has been held that
the fact that there is a right of appeal to the magistrates’ court from any
decision of the Panel is sufficient to make the Council’s licensing system compliant
with the convention rights.
b) Article
8 - Right to respect for private and family life.
Everyone has the
right to respect for his private and family life, his home and his
correspondence. In the case of article
8 there shall be no interference by a public authority with the exercise of
this right except as such in accordance with the law and is necessary on a
democratic society in the interests of national security, public safety or the
economic wellbeing of the country, for the prevention of disorder and crime,
for the protection of health or morals or for the protection of the rights and
freedoms of others.
c) Article
1 of the first protocol – protection of property.
Every natural or
legal person is entitled to the peaceful enjoyment of his possessions. In the
case of Article 1 of the first protocol it states that “no one shall be
deprived of his possessions except in the public interest and subject to the
conditions provided for by law and the general principles of international law. The preceding provisions (of which articles
6 and 8 are but two) shall not however in any way impair the right of the state
to enforce such laws as it deems necessary to control the use of the property
in accordance with general interest or to secure the payment of taxes or other
contributions or penalties”.
d) The
Panel needs to be clear as the rights granted and the need to ensure that the
reasons given for any interference are proportionate and in accordance with the
Council’s legitimate aim.
Article 8 is particularly relevant to
Public Entertainment Licensing because in considering whether to grant a Public
Entertainment Licence the Panel will have to balance the rights of residents
against the applicant’s right to run his business.
OPTIONS
26. To grant the
licence for the hours requested by the applicant, subject to the Council’s
standard terms and conditions along with any additional conditions the
Licensing Panel believe to be reasonable such as those recommended by the
Council’s Environmental Protection Section.
27. To vary the
hours requested by the applicant having regard to the objection and other
relevant information.
28. To refuse the application for a Public
Entertainment Licence.
EVALUATIONS/RISK
MANAGEMENT
29. It is the applicants’ responsibility to carry out a risk
assessment.
30. Officers have evaluated the application
and have had regard to the following;
a)
the successful management of the premises during last year’s
Cowes Week,
b)
the company’s willingness to comply with all reasonable
requests to minimise noise disturbance,
c)
the fact
that there is another premise in Cowes offering late night entertainment until
2 am during Cowes Week,
d) the
fact that the police and Environmental Health officers have no objection to the
terminal hour.
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RECOMMENDATIONS
31. The Panel are recommended to grant the licence for the hours
requested by the applicant subject to the Council’s standard terms and conditions
along with any additional conditions the Panel believe to be reasonable such
as those recommended by the Council’s Environmental Protection Section.
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APPENDICIES
ATTACHED
32. Appendix 1 – Additional
information relating to the application.
Appendix 2
– Environmental Protection’s comments.
Appendix 3 – Cowes Town Council’s objection.
BACKGROUND PAPERS
33. Mr Adamczewski’s application file.
34. Checklist for this report in relation to
the Human Rights Act, Wednesbury principles, and proportionality.
ADDITIONAL INFORMATION
35. The licensee
has many varied responsibilities:
Licence
conditions must be observed.
Co-operation
with statutory authorities is fundamental.
Awareness
of drug related issues is essential.
Understanding
the social responsibilities attached to running a licensed premise is vital.
Contact Point: John Murphy,
823152
ROB
OWEN
Head of Consumer Protection